What are the Contingent Fees in a New York Medical Malpractice Case?

New York's Judiciary Law Section 474-A provides that in a medical malpractice case the attorney's fee is 30% of the first $250,000 of the "net sum" recovered. For the next $250,000 recovered, the fee is 25%. For the next $500,000 recovered the fee is 20%. For the next $250,000 recovered the fee is 15%. After that for any amount recovered over $1,250,000 the fee is 10%. The "net sum" recovered is the gross amount of the judgment or settlement, minus the amount of money the attorney has laid out for the expenses of the case. The expenses usually include fees for expert witnesses, court filings, transcripts, subpoenas, medical records and other similar expenses. As an example, if there is a gross settlement of $1million and expenses of $50,000, the fee would be calculated as follows: $1 million minus $50,000 equals $950,000 (the net sum recovered). 30% of the first 250,000 = 75,000 25% of the next 250,000 = 62,500 20% of remaining $450,000 = 90,000 Total fee = 227,500 Net to client = $772,500

Is an Expert Required in Order to File a Complain in a New York Medical Malpractice Case?

Yes. Pursuant to New York Civil Practice Law and Rules section 3012-A, a certificate of merit must accompany the complaint which states that the attorney for the plaintiff has consulted with an expert physician and that on the basis of that expert review, there is a reasonable ground for the commencement of a medical malpractice case. If there is insufficient time to obtain this medical review before the statute of limitations expires, then the attorney can state that in the certificate and later file a supplemental certificate when the expert review has been obtained.

What is a Notice of Medical Malpractice in New York?

Pursuant to section 3406 of the NY Civil Practice Law and Rules, the notice of medical malpractice action is a mandatory form that must be filled by the plaintiff with the clerk of the Court within 60 days of the service of answers by all defendants

What is the statute of limitations for a medical malpractice case in New York?

Answer: Pursuant to section 214-a of the NY Civil Practice Law and Rules, the basic medical malpractice statute of limitations is 2 and ½ years from the date of the malpractice or the last date of continuous treatment by the physician or hospital sought to be held responsible for the same injury or condition that gave rise to the malpractice. This statute of limitation applies to private physicians, hospitals, nurses and other health care providers.

What is the statute of limitations for medical malpractice by New York City Health and Hospitals Corporation? (NYCHHC)

Answer: There are special rules applicable to malpractice by public hospitals run by the New York City Health and Hospitals Corporation, such as Bellevue, Jacoby, Elmhurst, Metropolitan, Lincoln and others. Pursuant to Section 7401 of the NY Unconsolidated Laws, a medical malpractice lawsuit against the NYCHHC must be commenced within one year and ninety days. There is also the requirement that a notice of claim be filed with NYCHHC within ninety days in conformity with NY General Municipal Law 50-e.

What is the statute of limitations for a malpractice in failing to diagnose cancer?

Answer: Section 214-a of the NY Civil Practice Law and Rules provides that the statute of limitations for cancer misdiagnosis is 2 and ½ years from the date that the cancer was diagnosed, or that the patient should have known of the diagnosis of cancer. This is a special provision applicable only to cancer that measures the 2 and ½ years from the date of discovery of the cancer, rather than the date of misdiagnosis. This provision was added by the legislature to remedy the situation where a misdiagnosis is made and the patient is unaware of the cancer for a prolonged period of time until it is discovered.

What is the statute of limitations for medical malpractice that causes the wrongful death of the patient?

Answer: When medical malpractice causes the death of the patient, there is a claim for the patient's injuries, pain and suffering up to the time of death, that is governed by Section 214-a of the NY Civil Practice Law and Rules, which provides for a 2 and ½ year statute of limitations measured from the date of the malpractice, the last date of continuous treatment, or in the case of cancer misdiagnosis, from the date of discovery of the cancer. There is also a separate claim for the wrongful death of the patient. Pursuant to Section 5-4.1 of the NY Estates, Powers and Trusts Law, the claim for wrongful death must be brought within 2 years from the date of death by the legal representative of the patient's estate, e.g, an executor or administrator.

Some Doctors Are Willing to Hide Their Mistakes

Doctors Misdiagnose These 5 Diseases the Most

New York City, NY top attorney, handles medical malpractice, wrongful death, doctor errors, bus accidents, MTA, airline injuries & death, and construction cases. Attorney Jonathan C. Reiter consistently delivers results.

For people who work in an office, making a mistake at work could result in the company losing money or possibly the employee getting chewed out by a boss, but it generally doesn’t end in the loss of life.

However, when a doctor makes an error on the job, people can suffer serious injuries or death. Unfortunately, surveys show that some doctors are willing to cover up their mistakes in an effort to preserve their reputations and avoid legal consequences.

Survey Says 7 Percent of Doctors Hide Mistakes

According to a 2016 survey of doctors, seven percent say “it’s acceptable to hide a clinical mistake that harms a patient.” Among the same set of respondents, 14 percent say “it depends” when it comes to whether they would disclose an error.

Fortunately, 78 percent of doctors surveyed say it’s never acceptable to cover up a mistake. On the other hand, this number is much lower than it was when doctors were asked the same question in 2014 and 2010. In the 2014 survey, 91 percent of doctors said it’s never okay to hide a medical mistake. In 2010, the number was 95 percent.

According to WebMD, the medical profession leaves no ambiguity as to whether doctors have an ethical responsibility to inform patients of medical mistakes. “The Code of Medical Ethics of the American Medical Association doesn’t leave any wiggle room on the subject, however. It calls on doctors to ‘disclose medical errors if they have occurred in the patient’s care, in keeping with ethics guidance.’”

When doctors deliberately conceal a mistake, they can put patients at risk of developing serious health complications. For some people, these complications can lead to long-term pain, disability and even the inability to work. For others, the medical mistake leads to additional problems, which can cause serious pain, injury or death.

4 Common Types of Medical Mistakes

Medical malpractice can happen in a variety of ways. However, some types of medical mistakes happen more frequently than others.

Misdiagnosis – When a doctor fails to reach the right diagnosis, it puts the patient at risk of developing a more serious condition. Certain kind of illnesses can be treated with minimal discomfort if caught early enough. By misdiagnosing someone, doctors can subject patients to more expensive and invasive treatments down the road.

Some medical conditions can mimic other conditions, which is why it’s so important for doctors to spend time thoroughly examining their patients. When doctors truly listen to their patients, they can often avoid a misdiagnosis that puts a patient in danger of not getting the treatment they need.

Delayed Diagnosis – Additionally, doctors can cause harm to patients when they fail to reach the correct diagnosis right away. This delay can give the disease or condition time to progress, which can expose the patient to more pain and more challenging treatments.

Refusing to Treat – Doctors can also put a patient’s safety in jeopardy by withholding a certain type of treatment or therapy. This can happen when a patient’s insurance won’t cover a specific type of treatment, or when the doctor won’t receive full reimbursement from the insurer if he or she uses a treatment type not covered for the patient’s condition.

Surgical Mistakes – Most people have heard of cases in which a doctor left a sponge or instrument inside a patient’s body during surgery. This can cause a patient to develop serious pain and lead to other complications. The patient may also have to undergo another surgery to remove the item left behind.

Many hospitals try to avoid surgical mistakes by counting and recounting all of the instruments and sponges they use during a procedure. However, doctors and operating room teams are only human. If they miscount or fail to notice an instrument, they can accidentally leave these items inside the patient’s body. Some hospitals also use new technology that uses a computer and scanner to keep track of unique barcodes on every instrument and sponge used during a surgical procedure.

Birth Injuries – Medical mistakes can happen in both emergency and non-emergency situations. During birth, doctors sometimes have to make important decisions over the course of a few seconds. If they delay the proper treatment, a baby can be left with lifelong disabilities like cerebral palsy. In these cases, both the mother and the baby may be entitled to compensation for their injuries.

Medical mistakes are the third leading cause of death in the United States. Each year, over 250,000 people die due to a medical error. Anyone who has been injured due to a doctor’s mistake or a medical error should speak to a medical malpractice lawyer about their case. These cases often have strict time limits for filing a claim, so it’s important to talk to a lawyer as quickly as possible.

New York City Medical Malpractice Attorney Jonathan C. Reiter

(T): 212-736-0979

https://www.jcreiterlaw.com/

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